Tag Archives: Mucci Pac

USDA Backs Off Investigation of Mucci Pac USA

Mucci_logoAs reported by The Packer on October 9, 2014, a civil action filed against the USDA in the Eastern District of Michigan – seeking both injunctive and declaratory relief – resulted in the USDA’s closure of its investigation of Mucci Pac USA.  Specifically, Mucci Pac and the USDA entered into a stipulation and agreed that Mucci Pac does not buy or sell produce.  As such, the USDA agreed that Mucci Pac does not need to maintain a PACA license and is not subject to PACA.  The U.S. District Court ratified the stipulated agreement and closed the case.  See USDA Backs Off Investigation of Mucci Pac USA (identifying Jason Klinowski as lead counsel for Mucci Pac USA)

This case did not go to trial and the court order is not much of a precedent for others to utilize, but it does show the industry that produce companies do have rights.  More importantly, this case shows that Canadian produce companies can properly establish and maintain distribution centers in the United States without subjecting themselves to USDA jurisdiction.  This practice holds immediate and obvious financial benefits for those Canadian companies that sell into the U.S. marketplace.